So do you have 7 days for a full refund on cd's and games, in line with the CPA laws?
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So do you have 7 days for a full refund on cd's and games, in line with the CPA laws?
Sent from my Milestone XT720 using MyBroadband Android App
I'm sure only if they remained unopened. I don't the CPA is supposed to be a cure for buyer's remorse, you'll still have to have very good reason for wanting to return them goods.
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....or
/goes home
/installs game using install code
/returns to store...
Not going to happen.
This is a very good question. I have also thought about this.
Anyone with a bit more legal knowledge have an answer?
A thing you have to remember with games is that you're not actually buying anything. You're just leasing a license. I don't know how the CPA works with this.
Once opened you own it must surely the case.
Although being SA this could be wrong.
I think they are worried about people copying the game or seeing the security code.
I once bought a flight sim that just wouldn't work, despite the promises on the box about PC specs. Shop was OK about it, but reluctant.
The CPA actually regards software, games, licences etc as "goods"
‘goods’’ includes—
(a) anything marketed for human consumption;
(b) any tangible object not otherwise contemplated in paragraph (a), including
any medium on which anything is or may be written or encoded;
(c) any literature, music, photograph, motion picture, game, information, data,
software, code or other intangible product written or encoded on any medium,
or a licence to use any such intangible product;
(d) a legal interest in land or any other immovable property, other than an interest
that falls within the definition of ‘service’ in this section; and
(e) gas, water and electricity;
Restrictions on returning goods:
(3) Subsection (2) does not apply with respect to any goods if—
(a) for reasons of public health or otherwise, a public regulation prohibits the return of those goods to a supplier once they have been supplied to, or at the direction of, a consumer; or
(b) after having been supplied to, or at the direction of, the consumer, the goods have been partially or entirely disassembled, physically altered, permanently installed, affixed, attached, joined or added to, blended or combined with, or embedded within, other goods or property.
They could reaon you installed it your computer.
Otherwise the CPA says nothing about this specifically.
Also keep in mind words reasonable/fair are used 163 times in the act and regulations,
unreasonable/unfair are used 52 times.
So if u have a chop at the cashier, you can take your chances when returning Diablo3 after having grabbed the cdkey :P
Since you only get to read and consider the license after you've opened the product you should be able to decline and return it for a refund. In fact sellers of software/music/movies only wanted it considered a license in as much as it suits them and a physical product when that is more to their benefit.
So according to what Skywalker posted you are indeed able to return it after opening it.
Edit: Will BT Games or any one retailer honour this though? Do they have a choice?
Last edited by EtienneK; 31-08-2011 at 02:14 PM.
No the moral is find the cashiers who are chops and buy there
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